Agreement between User and Trodly.com
Welcome to Trodly (“Trodly” or “we”) website, accessible at www.Trodly.com (the “Site”). Your continued use of this Service after any such changes constitutes your acceptance of the new terms. These terms and conditions of use may be changed in the future without further notice. If you do not accept these terms, please do not use the Trodly Service. Be sure to return to this page periodically to review the most current version of the Agreement.
Additionally, the Trodly.com website may contain terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within Trodly.com website, then these terms shall prevail.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Trodly website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Trodly reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Trodly's notice or if it is discovered that you are under the age of 18 years.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (1) all information supplied by you on this Website is true, accurate, current and complete, (2) if you have a Trodly.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
TRANSACTIONS ON TRODLY.COM
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to .products. and .services., henceforth called Experiences. Trodly does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. Trodly does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Experiences proposed to be sold or offered to be sold or purchased on the Website. Trodly does not implicitly or explicitly support or endorse the sale or purchase of any Experiences on the Website. Trodly accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Trodly is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Trodly cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Trodly shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. Trodly does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. Trodly does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. Trodly is not responsible for unsatisfactory or delayed performance of services as a result of bad organizing, incomplete service or incapability of hosts or organizers.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell .Experiences.. Trodly is only providing a platform for communication and it is agreed that the contract for sale of any of the Experiences shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Trodly hold any right, title or interest over the Experiences nor shall Trodly have any obligations or liabilities in respect of such contract.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.Important Points
Trodly.com is an online marketplace. It does not operate tours and activities of its own. In order to provide a comprehensive choice of tour operators, service providers, their details and prices to customers, it has tied up with many tour operators and service providers.
Changes to bookings or cancellation by Service Providers
If a confirmed booking made via the Website is cancelled by the Host/Service Provider due to circumstances beyond their control, the Host will arrange to re-book the participant at a mutually agreed time on our behalf. Trodly cannot be held liable for any costs including (but not limited to) travel expenses or pre-booked accommodation costs incurred by any participants in the event of a cancellation and Trodly's total liability for any claim in connection with an Activity shall be limited to the price paid for the Activity.
The Activities are subject to availability and, in some cases, may be subject to weather conditions (if your experience is weather dependent we advise telephoning the Provider before you set out to confirm that the Activity will take place). To avoid disappointment we recommend that customers book well in advance, at least 1-2 weeks for the majority of Activities. During peak periods it may be necessary to allow a longer notice period although some Providers may occasionally be able to fit in a booking at short notice. We strongly advise that you do not make any travel, accommodation or other arrangements until you have received confirmation of your booking from the Provider. If delays, curtailments and breakdowns are not within Trodly's control, we cannot be held liable if these should occur. Activities may occasionally be withdrawn for reasons outside of our control, and Trodly cannot be held liable for any costs incurred as a result of this. Should this occur, you will be advised and offered the opportunity to exchange your Activity for one with the same face value. If alternatives are available, no refunds can be offered.
Certain Activities may be subject to minimum or maximum requirements specified by our Providers. Some Activities may be subject to restrictions. These could include (but are not limited to) age, height, weight, physical and medical restrictions, and may vary between Providers and from location to location so please check before making your booking. Details of these restrictions are available on the Site. It is your responsibility to ensure that you choose an Activity appropriate for the intended recipient and it is the responsibility of the recipient to double check that the restrictions are not prohibitive. If you are unsure of the suitability, please email us at email@example.com and we will be happy to advise you. Once a booking is confirmed, it may not be possible to cancel if these requirements cannot be met, so please check carefully.
Problems on the day
We are not responsible for the service that you receive as part of your Activity. However, we do rely on ratings and reviews from our customers and we welcome your feedback on all of our Activities. If you encounter a problem on the day, please immediately bring it to the attention of the Provider at the venue so that they have a chance to put matters right. If you have attempted resolution but the problem was not resolved on the day, please notify us by sending an email to firstname.lastname@example.org within a week of your Activity (providing your booking reference number, participant's name and venue details, including who you spoke to on the day) and we will be happy to take the matter up with the Provider on your behalf. Please note that the Provider will have the opportunity to investigate and respond.
Bookings and Financial Terms - Users
The Service Provider, not Trodly, are solely responsible for honoring any confirmed bookings and making available any Experiences reserved through the Website. If You, as a User, choose to enter into a transaction with a Host for the booking of an Experience, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Host. You acknowledge and agree that you, and not Trodly, will be responsible for performing the obligations of any such agreements, that Trodly is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Trodly disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Trodly is not a party to any agreements between you and the Host, Trodly acts as the Host.s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Trodly which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Trodly is responsible for remitting such amounts, less Trodly's commissions, to the Host. In the event that Trodly does not remit any such amounts to a Host, such Host will have recourse only against Trodly. Listings for Experiences will specify the Total Costs, or in some cases, a part of the Total Costs. Wherever the User needs to book the Experience by making a part payment, the part payment amount and the actual Total Costs of the Experience will be explicitly and clearly mentioned on the Website. In Part Payment cases, Trodly is only acting as an agent to confirm the participation of the User for that Experience, and collecting only the Trodly Commission for that sale. The User must pay the remaining amount to the Host directly before or during the Experience, as required by the Host. Both the Host and the User indemnifies Trodly for any fraud, misuse or non-payment of the remaining amount to the Host.
2. You must be legally able to sell the Experience(s) you list for sale on our Website.
3. You must ensure that the listed Experiences do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
4. Listings may only include text descriptions, graphics, pictures and videos that describe your item for sale.
5. All listed Experiences must be listed in appropriate categories on the Website.
6.The listing description of the item must not be misleading and must describe actual Experience that users will have.
7.If the Experience description does not match the actual schedule or things happening within the Experience fairly accurately, you agree to refund any amounts that you may have received from the Buyer.
8. You agree not to list a single Experience in multiple quantities across various categories on the Website. Trodly reserves the right to delete such multiple listings of the same Experience listed by you in various categories.
Use of the payment facility shall not render Trodly liable or responsible for the non.delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or fraud as regards the Experiences listed on Trodly.com.
You are solely responsible for your interactions with other Trodly users or customers that buy your packages. Trodly reserves the right, but has no obligation, to monitor disputes between you and other users and take appropriate action if Adventure Honey, in its sole discretion, finds any breach of these Terms or other improper conduct.
Bookings and Financial Terms - Service Providers
If you are a Service Provider and a booking is made for your Experience, you will be required to honour the booking as per the description in your Experience. If you are unable to carry out the Experience on the designated day(s) and time(s), any amounts collected by Trodly for the booking will be refunded to the applicable User.s account as per the Cancellation Guidelines. The costs displayed in each Listing are comprised of the Experience Costs (defined below) and taxes. Where applicable, Taxes may be charged in addition to the Experience Costs. The Experience Costs and applicable Taxes are collectively referred to in these Terms as the 'Total Costs'. The amounts due and payable by a User solely relating to a Service Provider's Experience are the 'Total Costs'. Please note that it is the Service Provider and not Trodly, which determines the Total Costs. Trodly charges a commission to Service Providers. Trodly will collect the Total Costs at the time of booking confirmation and will initiate payment of the Total Costs (less Trodly's Commissions to the Guide within 7 business days hours of the applicable Experience occurring (except to the extent that a refund is due to the Traveler). However, please note that we will not be responsible for delays in remitting Experience Fees, which can vary based on the bank, currency, location, etc.
Appointment of Trodly as Payment Agent for the Service Provider
Each Service Provider hereby appoints Trodly as the Service Provider.s limited agent solely for the purpose of collecting payments made by Users on behalf of the Service Provider. Each Service Provider agrees that payment made by a User to Trodly shall be considered the same as a payment made directly to the Service Provider and the Service Provider will make the Experience available to Traveler in the agreed upon manner as if the Service Provider has received the Total Costs. Each Service Provider agrees that, Trodly may, in accordance with Trodly's cancellation policy (see below), (i) permit the User to cancel the booking and (ii) refund to the User that portion of the Total Costs specified in Trodly's cancellation policy. In accepting appointment as the limited authorized agent of the Service Provider, Trodly assumes no liability for any acts or omissions of the Service Provider. Please note that Trodly does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Trodly reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings in accordance with these Terms. Please note that Trodly will provide notice of any Listing fee collection, prior to implementing such a Listing fee feature.
ALTERATION IN PUBLISHED CONTENT
Although Trodly makes every effort to ensure that the description and content on each page of the site is correct, it does not, however, take responsibility for changes occurred due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. Trodly, therefore, reserves the right to make such changes and in the event of you placing an order with us or choosing to avail of our services, the same will be communicated to you before the confirmation invoice is made.
Trodly reserves the right, in its sole discretion, to terminate the access to Trodly.com and the related services or any portion thereof at any time, without notice.
Trodly reserves the right to change the terms, conditions, and notices under which the Trodly.com is offered, including but not limited to the charges. The user is responsible for regularly reviewing these terms and conditions.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THIS SERVICE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRODLY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TRODLY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT TRODLY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, TRODLY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SERVICE.
TRODLY DOES NOT MAKE ANY WARRANTY THAT THIS SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TRODLY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SERVICE OR INFORMATION PROVIDED BY TRODLY VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES TRODLY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TRODLY OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Trodly. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Trodly, the Trodly logo and the products and services described in this Service are either trademarks or registered trademarks of Trodly and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trodly. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Trodly, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trodly. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
In using this Service, you agree (1) not to disrupt or interfere with the security of, or otherwise abuse, the Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Service or affiliated or linked webServices; (2) not to disrupt or interfere with any other user’s enjoyment of the Service or affiliated or linked webServices, (3) not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files; (4) not to use or attempt to use another’s account, service or system without authorization from Trodly, or create or use a false identity on this Service; (5) not to transmit through or on this Service spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (6) not to attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access, and (7) not to use this Service in a manner inconsistent with the license granted to you to use this Service.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Service.
COPYRIGHT POLICY AND COPYRIGHT AGENT
It is Trodly’s policy to respect the copyright and intellectual property rights of others.
If you believe that Trodly or any user of our Service has infringed your copyright in any material way, please notify Trodly at email@example.com, and provide the following information: (1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (2) An identification of the copyrighted work claimed to have been infringed; (3) An identification of the material that you claim is infringing so that we may locate it on the Service; (4) Your address, telephone number and email address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Trodly.com may provide the user with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The user may use this material only as expressly authorized by Trodly.com and shall not copy, transmit or create derivative works of such material without express authorization. The user acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.
INTERPRETATION NUMBER & GENDER
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the user contained herein or any other section or pages of Trodly.com or its partner websites or any provision hereof in any manner whatsoever.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Trodly, or postings on this Service, are non-confidential and shall become the sole property of Trodly. Trodly shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Trodly, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
You agree to indemnify and hold harmless Trodly from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.